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(영문) 서울동부지방법원 2015.03.26 2015고단60

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Cchip;

On December 10, 2014, the Defendant driven the said car under the influence of alcohol of 0.181% in blood alcohol concentration around 22:30 on December 10, 2014, and led the front road of Gwangjin-gu Seoul Special Metropolitan City to proceed along the four-lanes between the military air basin and the military air basin.

At that time, since there was a large volume of traffic at the time, vehicles run slowly, in such a case, the defendant engaged in driving of the vehicle has a duty of care to take care of the front side and to prevent the accident by accurately manipulating the steering gear and the brake system and to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing such a duty of care and was negligent in driving the said vehicle while driving the vehicle at a speed of 30 km per hour from the front side of the Defendant’s vehicle, received the driver from the front part of the Defendant’s vehicle after he was at the speed of 30 km per hour.

Ultimately, the Defendant caused the victim to suffer injury, such as the pipe, salvine, tension, etc. in the part of the wood that requires approximately two weeks of medical treatment due to the above occupational negligence.

2. The Defendant, while under the influence of alcohol as stated in the above paragraph (1) of the Road Traffic Act, was driving the said vehicle at approximately 5 km section from the road on which it is difficult to identify whether it is located in the Guri-si without the driver’s license in the state of temporary light alcohol concentration of 0.181%, to the road in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Traffic accident report, actual condition survey report, report on the statement of the status of an employer driver, and report on the entry into an employer driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.